2019-02-21 Liquor Adjudication Board Minutes (2)

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Gonzalez: Thank you for that question. We have reviewed it with our investigative staff on the types of methodology they would use to follow up on these kinds of complaints. They not only have to check the open inventory behind the bar that the seal is already broken, but they should also be checking a sampling of the inventory that's in the storage area. I think the initial checking is a common sense thing, they test it for smell. It's been very rare where they try to taste it. We've had reports of the alcohol being spoiled or tasting funny. We had a recent investigation of that, but the bartender tasted it in front of the investigator. So, to answer your question, the smell test is usually the first thing. I think the complaint was that it was watered down or they were just pouring water. What we can do as well, is to collect a sample and enter it into evidence and have it tested for the correct proof. Taniguchi: Who would test that? Gonzalez: We would have to send that away to an independent laboratory. Taniguchi: Where? In Honolulu? Gonzalez: Yes. There was one time it was sent to the mainland. Smith: clinical Labs can do that. Gonzalez: They may be able to test for certain things, but in the liquor industry, it is so litigated because there is the oversight ... they keep track of the batches made and they can verify the pureness of that label. Smith: oh, because it's not only the proof but it's whether that manufacturer... Gonzalez: That's why there are SKU numbers for every type of alcohol out there. The regulatory agency on the manufacturing side are supposed to provide samples of that SKU number as a control sample. That's the difference. Smith: So do our inspectors have test kits to grab a sample? Gonzalez: We do have the means to collect samples, seal and store it as evidence. Taniguchi: What happens if you find it is watered down? Do they lose their license? Gonzalez: If we do have a sample of alcohol being tampered with or not of pure quality, that is a violation of our section. We would probably bring a case in front of the Adjudication Board and the penalties could range from license revocation to suspension to a fine. Actually, several years ago there was such a case brought before the Adjudication Board for a Licensee in Hilo. It started with employees drinking on duty. Smith: That was the one they lined up the shots on the bar and they said it wasn't alcohol. Gonzalez: They claimed the shots they were pouring wasn't real alcohol, but only water. The Department said `you admitted to that, we're going to charge you with both.' Smith: What establishment was that? Not this one? FEBRUARY 21, 2019 - LIQUOR ADJUDICATION BOARD MINUTES 15